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Planning appeal decision

Dismissed28 December 20233323304

39 Churchfield Street, Dudley, DY2 8QR

Planning appeal 3323304 at 39 Churchfield Street, Dudley, DY2 8QR (Dudley Metropolitan Borough Council) was dismissed on 28 December 2023 by Inspector Rawle S, by written representations. The main issue, as the Inspector framed it: The effect on the character and appearance of the host building, a locally listed building and the area.

the conversion of existing building to 3 x residential flats, atrium extension and new 3 storey block of flats

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Rawle S
Postcode
DY2 8QR

Main issues, as the Inspector framed them

  • The effect on the character and appearance of the host building, a locally listed building and the area
  • Whether the proposed development would provide satisfactory living conditions for future occupants of the proposed dwellings with particular reference to outdoor open space
  • The effect of the proposal on the living conditions of the occupants of 37 Churchfield Street with particular regard to overlooking
  • The effect of the proposal on highway safety

What decided it

The significant harms to the character and appearance of the locally listed building and area, inadequate outdoor open space for future occupants, and unacceptable highway safety implications significantly and demonstrably outweighed the moderate benefits of housing provision and building re-use.

The benefits of housing provision and securing the beneficial re-use of the locally listed building attracted moderate to significant weight, but were significantly and demonstrably outweighed by the identified harms to character and appearance, living conditions of future occupants, and highway safety.

What the Inspector cited

Development plan policies
Policy CSP4Policy ENV2Policy S8Policy S11Policy S12Policy HOU2Policy L1Policy S1Policy S6Policy S17Policy TRAN2
National Planning Policy Framework
Paragraph 11

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2023

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.